Patent Application in China-Patent Application

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Patent Application in China

The laws and regulations governing patents in China require novelty, creativity and practicality for the inventions and utility models applying for patents. The appearance designs shall not be the same as or similar to those that have publicly published on publications in China or overseas or publicly used in China before the application date.

Foreigners, foreign corporations or other foreign organizations without habitual residence or place of business applying for patent in China must appoint a patent agent to carry out the application.

Types of Application

Invention Patent: products, methods or new technical plans proposed for its improvement
Utility Model Patent: the shape or the structure of the product or the proposed applicable new technical plans developed from the combination of both
Design Patent: the shape, pattern, color of the product, or the new design which is applicable and may arouse aesthetic sensibilities developed form the combination of them.

Priority

A patent applicant may enjoy the right of priority, in accordance with any agreement entered into between an oversea country and China or an international treaty under which both of them are parties, for a period of twelve months (six months for Registration of Patent for Appearance Design) immediately from the date on which the initial patent application for the same invention or a utility model was made and such patent application was also made in China.

Required Documents and Information and Term of Validity

Type	Required Documents and Information	Term of Validity	Comparison of Advantages and Disadvantages
Patent for Invention	Name of the invention Name and address of the applicant Name and address of the inventor Patent documents^*	Renewable each year upon the end of the first year of grant up to 20years.	International search and examination required, lengthening processing time for application, with a stronger protection and a longer protection period.
Utility Model	Name of the invention Name and address of the applicant Name and address of the inventor Patent documents^*	Renewable upon the end of the first year from the submission date for application, up to 10 years.	A shorter processing time for application than that for an invention patent as only formal examination required, with a weaker protection resulting from only formal examination being done.
Appearance Design	Name of the design Name and address of the applicant Name and address of the designer Drawings of the designed product Brief description of the appearance design	Renewed upon the end of the first year from the submission date for application up to 10years.	Protection to be covered to the appearance of the design only, with its technical aspect excluded.
*The patent documents^ include:** Claim: it is the most important document among the patent documents and it describes the protection scope of the patented technology Abstract: it provides the outline of the key technical aspect of the patent Specification: it provides written details and features of the patented technology Drawings: it illustrates structures and details of the patent by drawings

Application for Government Grant

The Chinese government has set up a special fund to support Chinese applicants to apply for patents in foreign countries, and an applicant who successfully applies for a foreign patent may receive a grant of an amount up to RMB100,000.00.

If you want to apply for this grant, please contact us immediately. We will assist you in the preparation for the documents and materials for the application and provide you with free advisory services so as to help you to successfully apply for the grant from the government.

*Please contact us for further information,thanks!

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